Attorney Stephen Halbrook was interviewed yesterday by Cam Edwards of NRA News about the challenges to the ATF’s multi-long gun reporting requirement for the border states. He discussed the motion hearing held in U.S. District Court for the District of Columbia on Tuesday. One of the more interesting things he mentioned was that Judge Rosemary Collyer asked the government’s attorneys about Operation Fast and Furious.
The National Shooting Sports Foundation has filed for a preliminary injunction in it’s suit to stop the reporting requirement for the multiple sale of certain semi-auto rifles. Their release on this move is below.
Today, in its federal lawsuit against the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the National Shooting Sports Foundation (NSSF), the trade association for America’s firearms industry, filed a motion asking the court to issue a preliminary injunction blocking the ATF from requiring 8,500 federally licensed firearms retailers along the Southwest border (Texas, New Mexico, Arizona and California) to report multiple sales of certain long guns. Specifically, the regulation requires retailers to report to ATF the sale of more than one semi-automatic rifle larger than .22 caliber and capable of accepting a detachable magazine that is purchased by the same individual within five consecutive business days. These commonly owned rifles, like all firearms, are lawfully sold by federally licensed firearms retailers only after an FBI background check is performed.
The NSSF lawsuit, filed in the U.S. District Court for the District of Columbia on Aug. 3. 2011, alleges that ATF exceeded its legal authority under the Gun Control Act by sending a letter imposing this new record-keeping and reporting requirement. Today’s motion, if granted, would freeze the reporting requirement while the court considers NSSF’s underlying lawsuit.
NSSF Senior Vice President and General Counsel Lawrence G. Keane commented on the NSSF motion: “A preliminary injunction will curtail an unlawful regulation by ATF that sets a dangerous legal precedent. If ATF can demand this information from these law-abiding retailers simply by sending a letter requiring it, then there is no record or report ATF cannot require of any licensee, anywhere in the country, simply because ATF had decided it wants to see the information. This is the proverbial ‘slippery slope.’ Our industry abhors the criminal misuse of firearms, whether on the streets of El Paso or in Juarez, Mexico. Though we can understand ATF’s motive is to try to curtail violence in Mexico, Congress simply has not granted ATF regulatory carte blanche.”
Despite its lawsuit, NSSF is encouraging all retailers to continue to cooperate with law enforcement and report any suspicious activity to the ATF.
“Members of the firearms industry take great pride in their longstanding cooperative relationship with ATF,” said NSSF President and CEO Steve Sanetti. “Retailers have long been considered by ATF to be a vital source of information for law enforcement in combating illegal firearms trafficking.”
Sanetti pointed out that for more than a decade the firearms industry has done its part to help prevent illegal straw purchases of firearms through its Don’t Lie for the Other Guy anti-straw purchasing program. The campaign, a cooperative effort between NSSF and ATF, educates retailers on how to better detect and deter illegal purchases of firearms and warns the public that it is a serious crime to attempt such an illegal purchase. The program is active in firearm retailer shops across the country. Over the last several years the firearms industry has solely funded the roll-out of Don’t Lie along the border to deter individuals from illegally purchasing firearms. See www.dontlie.org.
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The National Shooting Sports Foundation has filed suit in U.S. District Court for the District of Columbia asking for preliminary and permanent injunctions against the ATF’s move to require the reporting of multiple sales of certain semi-automatic rifles in the Southwest border states. They are also asking for a writ of mandamus to compel the ATF to adhere to the operative language of the Firearm Owners Protection Act of 1986. This is the first time I’ve seen a writ of mandamus requested in any of the gun rights suits filed since Heller. A writ of mandamus is an order from a court to an agency, in this case, ordering them to perform their duties correctly.
Their release is below. I have a copy of the suit and will be posting on it later today if time permits.
NEWTOWN, Conn. — The National Shooting Sports Foundation (NSSF), the trade association for America’s firearms industry, today filed a lawsuit challenging the legal authority of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) under the Gun Control Act to compel 8,500 federally licensed firearms retailers in Arizona, California, New Mexico and Texas to report the sale of two or more rifles.
Specifically, the regulation calls for reporting multiple sales of any semi-automatic rifle larger than .22 caliber and capable of accepting a detachable magazine that are purchased following an FBI background check by the same individual within five consecutive business days.
NSSF’s lawsuit, filed in the U.S. District Court for the District of Columbia, seeks an injunction to block ATF from implementing the reporting requirement. ATF has sent “demand letters” to firearms retailers in the four states to inform retailers they must begin reporting such sales by August 14.
NSSF Senior Vice President and General Counsel Lawrence G. Keane pointed out that if ATF can require this record-keeping and reporting requirement of law-abiding retailers in these four states simply by sending a letter demanding the information, then there is no record or report ATF cannot require of any licensee, anywhere in the country, for as long as ATF wants. “This is the proverbial ‘slippery slope,’ and our industry is extremely concerned about it,” said Keane.
Keane added, “At the time Congress authorized the reporting of multiple sales of handguns, it could have required it for the sale of long guns, but it did not. Acting ATF Director Ken Melson himself has questioned ATF’s legal authority to impose this new requirement.”
Despite its lawsuit, NSSF is encouraging all retailers, not just those along the Southwest border, to continue to cooperate with law enforcement and report any suspicious activity to the ATF. “The firearms industry and NSSF take pride in having a longstanding cooperative relationship with ATF,” said NSSF President and CEO Steve Sanetti. “Retailers have long been considered a vital source of information for law enforcement in combating illegal firearm trafficking.”
Even if ATF had the legal authority to require multiple sales reporting for long guns, NSSF believes the policy would still be unwise to implement. “We believe the policy will make it more difficult for retailers to assist law enforcement,” said Keane. Illegal firearms traffickers will simply alter their schemes to avoid and evade the reporting requirement, making it more difficult for retailers to identify and report suspicious activity. For example, traffickers could simply recruit more “straw purchasers” and have them illegally purchase firearms from multiple licensees, or simply move their illegal trafficking activities to other states where the reporting requirement does not exist.
Sanetti pointed out that for more than a decade, the firearms industry has done its part to help prevent illegal straw purchases through the Don’t Lie for the Other Guy program. The program, a cooperative effort between NSSF and ATF, educates retailers on how to spot potential illegal purchasers and warns the public that it’s a serious crime to attempt such a purchase. The program is active in firearms retailer shops across the country. Over the last several years, the firearms industry has solely funded the rollout of Don’t Lie for the Other Guy in border-state areas to deter individuals with intent to illegally purchase firearms. See www.dontlie.org.
Also today lawyers representing the National Rifle Association filed a separate lawsuit in the U.S. District Court for the District of Columbia challenging ATF’s requirement for reporting multiple sales of rifles.
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